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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Upholds Acquittal in Triple Murder Case Due to Lack of Direct Evidence and Weak Circumstantial Links. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The State of Maharashtra appealed against the acquittal of Madhusudan N. Mataliya for the murder of his wife Meghna and two children Urvi and Tejas un...

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High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

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High Court Dismisses Petition of Cooperative Society Seeking Division of Assets Under Section 79 of Maharashtra Cooperative Societies Act. Court Holds That Section 79 Does Not Apply to Division of Assets After Bifurcation Under Section 18C, and Petitioner Must Seek Implementation of Government Order.

The petitioner, a cooperative society registered for the Bhandara district, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

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Bombay High Court Dismisses Petition of Convicted Drug Trafficker Seeking Transfer to India Under Repatriation Act — Petitioner Failed to Show Compliance with Section 3(1) of Repatriation of Prisoners Act, 2003

The petitioner, Prem Kishore Raj, was convicted by the Supreme Court of Mauritius on 18th December 1997 for drug trafficking and sentenced to penal se...

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Bombay High Court Dismisses Wife's Appeal, Upholds Divorce and Denies Maintenance in Hindu Marriage Act Case. Wife's persistent demand for separate residence and false allegations of impotency constituted cruelty and desertion, disentitling her to maintenance.

The appellant wife, Mrs. Meena Dinesh Parmar, filed an appeal against the judgment and order of the Family Court, Pune, dated 26.2.2001, which granted...